Keeping radon mitigation records without assuming current performance
Manage radon mitigation records effectively in Illinois by understanding that past repairs do not guarantee current system performance or safety.
The short answer
Maintaining records of past radon mitigation is an important part of your property file, but these documents are not warranties. A previous mitigation installation does not prove current effectiveness. You must continue to disclose any actual knowledge of material defects and consider having a licensed professional evaluate whether the system currently functions as intended before listing your home.
Documentation as Disclosure, Not Warranty
Disclosures are not warranties under Illinois law. A receipt for a past radon mitigation system is a record of a past action, not a guarantee of present performance. When disclosing, provide the records but clarify that they are for informational purposes only. Avoid claiming the system is currently performing at specific levels unless verified by a recent test.
Verifying System Functionality
Just because a mitigation system was installed does not mean it is currently operating correctly. Systems can fail or experience performance degradation. If you are unsure of the current status, consult an IEMA-OHS licensed professional to inspect the system. Providing a recent test result alongside your old mitigation records is a best practice for complete disclosure.
The Role of Professional Agencies
Sellers are generally not liable for inaccuracies in disclosures if they rely on information provided by licensed professionals. If a qualified radon mitigation expert serviced your home in the past, keep their report as part of your file. However, if the information is outdated, do not assume it protects you from current liability; ask a professional if a new review is necessary.
Creating an Informational Archive
To manage your records, use this hypothetical planning example: Create a 'Property History' file. Include receipts from the initial installation, any service visits, and the most recent radon test results. When you present this to a buyer, explicitly label the file as 'Historical Records' to ensure they understand these are not current performance guarantees.
Checklist
- Collect all past receipts for radon mitigation system installations.
- Keep records of any maintenance or servicing performed on the system.
- Do not represent old records as a warranty of current performance.
- Obtain a current test result to verify the system's present effectiveness.
- Ask a professional how to correctly disclose past mitigation efforts.
Common questions
Does a past mitigation system clear me of all radon-related obligations?
You are still required to disclose known material defects; consult a professional to ensure your past records are presented accurately and appropriately.
Should I update my disclosure if the mitigation system was repaired recently?
Yes, if you become aware of new information regarding the property's condition, you must provide a supplemental disclosure; consult a professional for guidance on documenting repairs.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
- FEMA — Flood mapsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.